Available 24X7
(281) 587-1111
(281) 587-1111
(281) 587-1111
May 21, 2023 by Greg Baumgartner
Construction sites are known to be inherently hazardous, and unfortunately, accidents can and do occur despite the implementation of strict safety measures. If you are hurt in a construction accident in Houston, call our construction accident lawyer in Houston at Baumgartner Law Firm for help!
When a construction worker sustains injuries on the job, they may be entitled to compensation through workers’ compensation benefits. However, in some instances, third parties may also be held liable for construction accidents in Texas.
This article by Baumgartner Law Firm explores the concept of third-party construction accident lawsuits in Texas, shedding light on the legal options available to injured workers.
Most employers on large construction sites carry workers’ compensation insurance, which provides medical benefits and wage replacement for employees who are injured. General contractors and owners often require workers’ compensation coverage from subcontractors by contract.
Workers’ compensation is a no-fault system, meaning that workers generally cannot sue their employers for workplace injuries, except in cases of wrongful death resulting from gross negligence.
While workers’ compensation provides crucial financial support, it may not fully address the extent of the damages suffered by the injured worker. Getting a top construction accident attorney is vital early in the process.
In addition to workers’ compensation, injured construction workers in Texas may pursue a third-party lawsuit if someone other than their employer or co-worker contributed to their accident. Third parties refer to individuals or entities not directly employed by the injured worker’s employer.
Examples of potential third-party defendants in construction accident cases may include:
If a worker from one company is injured due to the negligence of a contractor or subcontractor from another company working on the same site, the injured worker may be able to file a lawsuit against the responsible party. Often, a dispute develops over the status of a worker, employee, or independent contractor.
If hazardous conditions on the property contributed to the construction accident, the property owner may be held liable.
If defective equipment or machinery caused the accident, the manufacturer or supplier may be held accountable.
The responsible party might be liable if a design flaw or negligent architectural or engineering work led to the accident.
To succeed in a third-party construction accident lawsuit, the injured worker must establish the following elements:
(a). Duty of care: The injured worker must demonstrate that the third party owed them a duty of care. For example, contractors owe a duty of care to workers on a construction site to maintain safe working conditions.
(b). Breach of Duty: The injured worker must show that the third party breached their Duty of care through negligence or intentional actions. This could include failing to adhere to safety regulations or providing faulty equipment.
(c). Causation: It must be proven that the third party’s breach of Duty was a direct cause of the worker’s injuries.
(d). Damages: The injured worker must provide evidence of the damages, including medical bills, lost wages, pain and suffering, and other related expenses.
Generally, to hold another company responsible for damages in a construction accident in Texas, it is necessary to prove that the defendant had some control over the work that caused the accident.
The control must be related to the activity or condition that caused the accident. Control can be proven by contract and also by actions.
A worker was severely injured when scaffolding collapsed. The case settled for a substantial amount after we filed a lawsuit and took many depositions. We proved that the unsafe scaffolding was inspected and approved by the general contractor.
A worker was killed when his fall protection equipment failed after falling off a roof. We proved the general contractor retained some control over the fall safety measures and also held responsible the manufacturer of the fall protection equipment.
A man fell through the attic steps when the ladder was not correctly installed. We held the general contractor and a sub responsible for the injuries and damages.
When digging a trench, the bucket comes off, killing a worker. After filing a lawsuit, our construction accident lawyer developed proof of retained control by the subcontractor and collected damages from the subcontractor, the general contractor, and the equipment manufacturer.
Filing a third-party lawsuit in addition to receiving workers’ compensation benefits can provide several advantages:
Third-party lawsuits can result in higher compensation than what is typically available through workers’ compensation alone. These lawsuits may include damages for pain and suffering, emotional distress, and loss of earning capacity.
Workers’ compensation claims generally involve only the employer, whereas third-party lawsuits enable injured workers to hold other responsible parties accountable.
Third-party lawsuits can incentivize contractors, property owners, and other parties to prioritize safety and take necessary precautions to prevent future accidents.
When a third party is liable for damages from a construction site injury, workers’ comp has the right to be repaid the benefits it paid for the injuries. Still, the victim is better off as benefits are minimal for human damages like pain and suffering or mental anguish under workers’ comp.
Third-party claims are generally not limited in amounts, and juries can award what seems proper under the facts of the case. Also, in some instances, you may get credit for your attorney’s efforts in collecting the benefits to be reimbursed to workers’ comp.
While workers’ compensation provides important support for injured construction workers, it may not fully compensate them for their damages. Third-party construction accident lawsuits in Texas can help injured workers collect fair compensation and pursue additional compensation and damages from parties other than their employer.
Talking to a leading construction site accident attorney as soon as possible is recommended.
If you or a loved one is injured in a construction accident involving a third party, contact the personal injury lawyers in Houston at Baumgartner Law Firm for a free consultation about your rights and options. Our top-rated construction accident lawyer has been trusted by construction site accident victims since 1985. Call (281) 587-1111.
6711 Cypress Creek Pkwy, Houston, TX, 77069
Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
NEED HELP? HAVE QUESTIONS?
